Many of you have asked me about my vote on the Tinseltown Zoning Case. So, for all who are curious but have not asked, I offer the following explanation.

First and foremost – this was not a zoning case. The zoning case was heard in 1985, and at that time, the City Council approved a planned development district (PD) for the site. When a PD is approved, a conceptual plan for the development of the site is also approved. This provides the framework for development of the site.

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But there is one more critical step in the process before any construction can take place at a PD. The developer of a PD must submit a detailed development plan to the City Planning and Zoning Commission for approval before a building permit can be issued. However, because the old Kmart site at the Tollway, Forest Lane and Inwood was so controversial, the PD required that the City Council review the detailed development plan instead of the City Planning and Zoning Commission.

That review, whether it is conducted by the Planning and Zoning Commissioners or the City Council, is limited. One simple question must be answered: “Does the detailed development plan presented for consideration comply with the ordinance and conceptual plan which accompanies the PD ordinance?” If it complies, then the law requires that approval be given and a building permit issued.

Our professional planning staff carefully examined the development plan submitted by Cinemark and determined that it did comply with the original conceptual plan. Based upon that determination, I voted to approve the development plan.

A majority of the Council members disagreed with the staff position, and with an 8-7 vote, the Council refused to approve the plan.

Cinemark filed lawsuits in state and federal courts. The action filed in state court was heard by Judge Gary Hall and after three days of testimony, Hall ruled that the City Council did have the right of discretion in the case and refused to grant the injunction requested by Cinemark. Don’t be surprised if Hall’s ruling is appealed. The federal case is still pending. I will keep you posted.